Personal Use License for Digital Products
All graphics, design, illustrations, & stitchery work including patterns by Jenny Savoy are protected by the United States of America copyright laws and treaties. Jenny Savoy owns all rights including the copyright to the graphics, design, photos, illustrations, and patterns, including finished embroidery art.
Your rights to use the graphics, design, illustrations, & stitchery patterns are subject to the terms stated below, and are conditional upon making payment to Jenny Savoy for the usage rights of the graphics, design, illustrations, & patterns that have been made available for sale or upon downloading any freebies offered. Jenny Savoy reserves the right to make changes to these Terms and License.
You are not purchasing the Licensed Asset. You are purchasing a personal use license to use the Licensed Asset in the manner outlined in this agreement. Regarding assets offered for free, you are not downloading the licensed asset. You are accepting the terms of the personal license agreement to use the licensed asset in the manner outline in this agreement.
All ownership to Licensed Asset remains with me, Jenny Savoy. Your use of the Licensed Asset (including all assets offered as freebies) is at all times subject to the terms of this license agreement.
By downloading a free asset or by purchasing the right to use my Licensed Asset you agree to be bound to the terms and conditions of this license. The terms of this license include, in particular, limitations on liability in Section 6 of the agreement herein.
If you do not agree to the terms of this license you must discontinue all use of all Licensed Assets.
By downloading or by purchasing the right to use my Licensed Asset from any of my online shops you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download of the digital content has begun.
END USER LICENSE AGREEMENT
I, Jenny Savoy, hereby grants you a non-exclusive, non-transferable, worldwide, right to use my graphics, design, illustrations, & patterns in the following ways, subject to the limitations set out in “Restrictions”:
1. PARTIES TO THE LICENSE AGREEMENT | NUMBER OF USERS
- This license agreement (“License”) is a legal agreement between you (“Licensee” or “you”) and Jenny Savoy (“Licensor”, “I” or “my”) for downloading, installing or using the graphics, design, illustrations, & patterns (“Licensed Asset” or “Resource”).
- This is a personal license for Non-commercial use only.
- Licensed Asset may be used and accessed by a single individual person only, who is the Licensee indicated at the time of purchase or download. If multiple individuals will work together to use the same Licensed Asset, then each individual must purchase a personal use license for that Licensed Asset.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to a personal server owned and controlled by Licensee or a private cloud storage service or digital asset manager controlled by Licensee, and in each case for use of the Licensed Asset by Licensee only, as permitted herein.
3. THIS PERSONAL USE LICENSE AGREEMENT GRANTS PERSONAL USE ONLY.
- Licensee may use the license for unlimited personal use as is outlined in this Personal Use License Agreement.
- Commercial Use is not permitted, and is defined as any use:
- which involves an exchange of money or other consideration
- that promotes a business (e.g. sole proprietorship, partnership, or corporation), product, or service
- where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset.
- If any one or more of the above criteria is met, then the use is deemed “commercial”
- Non-commercial Use (Personal Use) is a use for personal purposes only which does not fit any of definition of “Commercial use”.
4. END PRODUCT IS FOR PERSONAL USE ONLY
You may use a purchased Licensed Asset in a new End Product as long as the End Product meets the following requirements:
- End Products may be use for non-commercial use. No commercial use is allowed under this agreement.
- Licensee may create physical end products which are NOT for resale or wholesale including, but not limited to, cards and invitations, clothing, mugs, home decor, etc.
- Licensee may create physical end packaging products for non-commercial use only.
- Licensee may create physical end products for non-commercial use only.
- Licensee may create a reasonable amount of physical end products to gift to friends and family but may not otherwise distribute the end product, even in contests or giveaways. See more prohibited uses below.
5. PROHIBITED USES
- All end products for commercial use (in any form including, without limitation, physical or digital products or packaging) are prohibited.
- Any use that permits anyone other than the Licensee to customize a digital or physical end product is prohibited, whether for commercial or non-commercial use. This includes, but is not limited to, applications such as ‘print on demand’, ‘download on demand’ or ‘made to order’.
- Any use on social Media, advertisements, and marketing. This includes company social media. Both commercial and non-commercial use is prohibited.
- Use for advertisements of any form (paid or unpaid) is prohibited for commercial use and non-commercial use. This includes, but is not limited to, physical advertisements such as signage, printed advertisements, and billboards. This also includes digital advertisements which includes but is not limited to Google Ads, Facebook Ads, Linkedin Ads.
- Use for broadcast and streaming, video on demand, by any means.
- Use for development of mobile or desktop apps, video games or website software.
- Falsely representing authorship and/or ownership of the Licensed Asset.
- Sub-licensing is strictly prohibited.
- Clients, service providers, and any other third party use is prohibited.
- Trademark & Copyright
- Trademark – Licensee may not use the licensed asset for any part of a trademark, design mark, service mark, or trade name. Licensee shall not seek to register, protect, or enforce any trademark or similar rights in the Licensed Asset.
- Copyright – Licensed Asset or any modification may not be claimed by the Licensee as its own copyrighted work.
- The license is expressly limited to the permitted uses as outlined in this License Agreement. This agreement expressly reserves future-existing technologies and uses, and is not included within the scope of the license.
- Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
- Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way which is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).
- Making public or sharing the Licensed Asset in any way which allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
- Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that you know is not correct and current; or
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
All editorial use requires a credit. Credits shall be legible and in close proximity to the Licensed Asset.
How to provide credit: “[Licensed asset product type] copyright Jenny Savoy” or “[Licensed asset product type] © Jenny Savoy.
6. LIMITATION OF LIABILITY
- You acknowledge that the licensed asset has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the licensed assets to meet your requirements.
- You may not use Licensed Assets in the ways which include, but is not limited to a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
- Jenny Savoy will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this License that is caused by any act or event beyond my reasonable control, including without limitation failure of public or private telecommunications networks.
- I do not warrant that the operation of the Resources will be uninterrupted or error free.
- You may not transfer your rights or your obligations under this License to another person or business without my express written consent.
- Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Under no circumstances will I be liable to you or any third party for any special, consequential or incidental damages including lost profits, savings or business interruption as a result of the item being defective.
- Under no circumstances will I be liable to you or any third party for any events that are outside the reasonable control of myself – this shall include but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that could be defined as a Force Majeure.
- This License, its subject matter and its formation, are governed by the United States of America Copyright law, the Berne Convention and the Universal Copyright Convention.
Jenny Savoy may terminate this License Agreement at any time if Licensee breaches any of the terms of this agreement in which case Licensee must immediately:
- cease using the License Asset
- delete or destroy any copies; and
- if requested, confirm to Jenny Savoy in writing that Licensee has complied with these requirements.
- Immediately pay to Jenny Savoy any sums due to me under this License.
If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Jenny Savoy’s request, Licensee agrees to remove any content from such platform or website.
8. DISCLAIMER OF WARRANTIES
The licensed asset is provided on as “as is” basis, without any warranties of any kind, either expressed or implied. Licensee’s use of the licensed asset is at their own risk. Jenny Savoy hereby disclaim all warranties of any kind, whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be limited or excluded under applicable law.
9. GENERAL LEGAL PROVISIONS
- All digital content is protected by the United States and international copyright and other laws and treaties. As between you and Jenny Savoy, Jenny Savoy retains ownership of the Licensed Asset, but grants to the Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable, copyright to use the Licensed Asset as expressly set forth above on the terms herein.
- Licensee may not assert any ownership of the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference or similar terms to the “purchase” or “sale” of the Licensed Asset only refers to the purchase of a limited license and not to the purchase of the underlying copyright or work itself. Licensee is not granted any ownership right, title, or interest in and to the design of the Licensed Asset itself in any shape or manner.
- Limitations on time to file claims – To the maximum extent permitted by law, any cause of action or claim the licensee may have arising out of or relating to the licensed asset or this license agreement must be commenced within six (6) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado and the county of Jefferson, although Jenny Savoy retains the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. All legal fees will be the paid for by the Licensee. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
- Jenny Savoy may modify this License Agreement by posting an updated version on www.bellasavoy.com. The then current version of the license agreement posted at the time of purchase shall apply to purchases (even if the licensed asset is downloaded after the license agreement is updated). This also applies to downloaded freebies.
- Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either a) the licensee is notified of its options to apply the updated terms to prior purchases and expressly agrees (e.g. via clicking “Agree”) or b) such modifications does not adversely affect any rights of the licensee and the licensee is notified of the changes and that they will apply retroactively (e.g. via email to the address on file)
If you are unsure of anything or still have any questions relating to the license agreements, please feel free to contact me.